STATE V. SAUNDERS
330 S.E.2d 674 (W. Va. 1985)
NATURE OF THE CASE: This was an appeal from a murder conviction.
FACTS: Saunders (D) and his brother got into an argument with Kincannon inside a pool
hall. Kincannon left and D and his brother were asked to leave too. Kincannon and his
brother attacked D's brother as they came outside. They threatened to kill D's brother with
his own gun, but they did not know that D's brother was unarmed. D got a gun from a friend's
car and shot it in the air because he was afraid for his brother's life. D then shot
Kincannon's leg. Kincannon bled to death. D was charged with murder. The trial court refused
an instruction that D had a right to use force to defend his brother. D was convicted, and
appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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